LAWS(MAD)-2013-9-99

DEMYANENKO, VOLODYMY Vs. K. SHAJAHAN PROPRIETOR

Decided On September 18, 2013
Demyanenko, Volodymy Appellant
V/S
K. Shajahan Proprietor Respondents

JUDGEMENT

(1.) THE crew, 27 in all, filed A.No.3541 of 2013 under Order XIV Rule 8 and Order XLII Rule 38 of the Original Side Rules to direct the Advocate Commissioner to pay the wages of the crew as per Annexure 'A' and Annexure 'B' aggregating to USD 4,79,346.48 equivalent to INR

(2.) ,87,60,788.80 (excluding compensation) out of the sale proceeds on obtaining suitable permission from the Reserve Bank of India for payment in Foreign Exchange and also for obtaining Air Tickets for the repatriation of the crew. CLAIM OF PLAINTIFF – K.SHAJAHAN FOR SHIP CHANDLER SERVICES REP. BY MR.T.S.BASKAR, LEARNED COUNSEL 2. The plaintiff in this case is a Ship Chandler and it has filed the suit for recovery of money amounting to Rs.54,65,190.50, towards the cost of the goods supplied to the Vessel – M.T.Chemical Arrow (for brevity, "the Vessel"). The Vessel was carrying cargo of Caustic Soda Lye and was stranded in the Port of Kakinada. One of the main reasons for the Vessel being stranded in the Kakinada Port was that the engine of the Vessel developed serious problems. The plaintiff moved A.No.1597 of 2013 for arrest of the Vessel and this Court, by order dated 4.4.2013, ordered arrest of the Vessel. CLAIM OF CREW (27 IN ALL) FOR WAGES REP. BY MR.S.VASUDEVAN, LEARNED COUNSEL (Applicant in A.Nos.1874, 2436 and 3541 of 2013)

(3.) 1. The Vessel was carrying cargo, which is perishable in nature, and at the behest of M/s.Dharangadhara Chemical Works Limited (DCW Limited), the owner of the goods, discharge of the cargo was ordered on 22.4.2013 in Application No.1873 of 2013, after their application in A.No.1872 of 2013 for intervention was allowed on 17.4.2013. The said DCW Limited have made a plea for arrest of the Vessel in A.No.2437 of 2013, which was ordered on 18.6.2013. They have also filed an application in A.No.2438 of 2013 to declare and determine the amount payable to them at US$ 3,62,300/ equivalent to INR 2,01,20,747/ , which is pending consideration.